A council can constitute trustees and accept land upon trust, concerning land already subject to being held upon trust before a conveyance. This does not require a power of a council to declare a trust over it's corporate property. This power to accept land already on trust, upon trust existed before Hampshire County Council v H.M. Attorney General, in conveyances pursuant to s.13 EEA 1873.
Never-the-less, If land already on trust, is accepted upon trust in a conveyance, can one say the council is making a declaration of trust? Even though this conveyance is pursuant to s.13? If so, that would mean you would talk of a council needing to make a declaration of trust in every circumstance. Even where s.13 is being relied upon, which, I repeat concerns conveyances where land is already on trust.
Basically I'm asking, is a declaration of trust , as a term, a phrase, only associated with land conveyed which was not previously on held on trust prior to conveyance? Or in other words, is it a term to be used specifically where, prior to conveyance, there was no trust? Pursuant to EEA 1870, 1873. I'm confused you see whether the term "declaration of trust" has a very specif meaning. And is not to be used where land conveyed is already held on trust.